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(영문) 울산지방법원 2014.04.24 2014고단105
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Lone Star Cargo Vehicles.

On December 14, 2013, at around 13:18, the Defendant driven the said vehicle while under the influence of alcohol with 0.209% of alcohol concentration, and turn it to the left at the seat of the Economic Promotion Agency in the front of the place of business where the vehicle of the Jin-dong, Ulsan-gu is registered.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to good faith.

Nevertheless, the Defendant neglected to make a left turn in violation of the signal and received the left turn of the victim D(39 years old) driving by the victim D(39 years old) due to a stop signal from the metart gate to a stop signal. The Defendant received the left turn of the victim D(39 years old) in front of the vehicle.

As a result, the Defendant suffered injury, such as slots, which requires approximately 10 weeks of treatment, to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. The actual survey report and on-site photographs;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Investigation report (signal system at the place of accident);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 2 (1) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated by the concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, heavier than the punishment, but the punishment shall be punished by imprisonment, and the minimum punishment shall be determined by the Road Traffic Act];

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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